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Presidential Powers: An Endless Controversy

Presidential Powers: An Endless Controversy. The Powers. As stated in Article 2, section 2 of the United States Constitution:

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Presidential Powers: An Endless Controversy

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  1. Presidential Powers: An Endless Controversy

  2. The Powers • As stated in Article 2, section 2 of the United States Constitution: The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

  3. The Bush Administration • Examples of George Bush expanding presidential powers: • Mid 2006 – early 2007, Bush frequently signs statements that expand Presidential powers at the expensive of the Legislative Branch. • Criticism says that: “ the administration has suggested repeatedly that the president has exclusive authority over foreign affairs and has an absolute right to withhold information from Congress. Such assertions are `’generally unsupported by established legal principles,’” • Regardless of this, Bush continues to sign statements that overrule legislation based on “the belief that the President…has exclusive authority…and an absolute right to withhold information from Congress.”

  4. The General Opinions • A 27-page report written for Lawmakers provides research that says Bush is using signing statements as a way to slowly condition Congress into accepting White House’s broad conception of Presidential power. • Includes a Presidential right to ignore laws he personally believes are unconstitutional • Nature of executive authority forwarded by Bush appears designed to injure Congress • Administration has been accused of trying to “cherry-pick” bills, keeping only bills it likes.

  5. The Offenses • October, 2006 – President Bush signed the 2007 military budget bill, then issued a statement challenging 16 of its provisions • Bills barred Pentagon from using illegally-obtained information; however, Bush insisted that he alone could determine what could and could not be used. • Bush has challenged over 800 laws, contrasting the 600 made by all other presidents combined. • Challenged laws banning torture, as well as ones that required him to inform Congress regarding the Patriot Act. • Insisted that he did not have to obey Columbia laws because he was “Commander in Chief” • Bush also put limits on other positions such as the Inspector General by demanding that they report to the administration.

  6. Expanding Powers • I strongly disagree with the way powers were expanded here, and the fact that both the judicial and legislative branches complained but did not act on President Bush’s behavior. There was no balance, and it was obviously biased towards the personal beliefs of the President, and not for the benefit of the United States of America.

  7. Natural Disasters • I believe that due to the current issue of natural disasters, the President should be able to overrule or disregard Congress when making a decision regarding assisting foreign countries. When there is an immediate danger or tragedy (tsunami in 2004, earthquake in Haiti, etc.) the President should be able to act in aid without consulting the alternative Branches. • “Presidential powers should be unrestricted; the president should have the power to do what he/she believes is in the best interest of the nation.”

  8. Works Cited • Savage, Charlie. "Bush Challenges Hundreds of Laws." Editorial. The Boston Globe. N.p., 30 Apr. 2006. Web. 26 Apr. 2010. <http:// www.boston.com/news/nation/articles/2006/04/30/bush_challenges_hundreds_of_laws/>.

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